- (1.) In this Writ Petition, filed under Article 32 of the Constitution, the petitioner has come forward with the grievance that Daljit Saini and Om Parkash are being wrongfully detained by the police authorities of the State of Punjab and a prayer has been made for issue of writ of habeas corpus for production of the said two persons. When the matter was taken up on October 4, 1993, Daljit Saini appeared before the Court and submitted that he and Om Parkash who were so detained were released on October 2, 1993 at Pathankot. The correctness of this assertion was disputed in the counter affidavit filed on behalf of the respondents. Since the Court considered it necessary to ascertain the truth relating to the detention of Daljit Saini and Om Parkash, an order was passed on February 8, 1994 directing the District Judge. Ludhiana to conduct an enquiry into the allegations made in the affidavit and the counter affidavit filed in this Court and submit a report so as to the veracity of the statements made by either of the parties, particularly in relation to detention of the two persons aforementioned. In pursuance of the said direction given by this Court, the District and Sessions Judge, Ludhiana has submitted his report dated February 28, 1995. On a perusal of the said report, we find that on the basis of the evidence recorded by him, the District and Sessions Judge has come to the conclusion that Daljit Saini and Om Parkash were illegally whisked away by Shri Balbir Bawa, Superintendent of Police (Detective), Ludhiana from railway station,- Pathankot on August 9, 1993 and they were kept in illegal custody from August 9, 1993 onwards and were released on October 2, 1993.
(2.) We find that Shri Balbir Bawa, in his counter affidavit dated October 14, 1993, while referring to the allegations made in the petition about Daljit Saini and Om Parkash having been lifted from the railway station, Pathankot on August 9, 1993, has stated that: "This entire story of the alleged detenus i.e. Daljit Saini and Om Parkash has been cooked up by the petitioner with a view to malign police. The present petition dated 13.9.1993 about the alleged two detenus who are said to have been arrested from the platform of railway station, Pathankot on 9.8.93 shows the intention of the petitioner to pressurise the police from preventing them from discharging their duties in accordance with law."
(3.) Having regard to the report that has been submitted by the District and Sessions Judge, Ludhiana, we are prima facie satisfied that Shri Balbir Bewa has filed a false affidavit before this Court and the said conduct of Shri Balbir Bawa amounts to contempt of this Court. We, therefore, direct that notice be issued to Shri Balbir Bawa to show cause why he should not be punished or contempt of this Court. Notice is made returnable on November 16, 1995.;